Markham told the court his neighbors had erected fencing approximately eight feet from the center of the road which made it very difficult to turn around or get by when meeting another vehicle.
Markham said his farm was at the end of the mile long road which fell off the county road system sometime after 2001. “I don't really understand why the road fell off the system since it has been used for the past 100 years,” said Markham, who didn't know when it had actually happened. “I wasn't even aware it was no longer on the system. The road, which is partially still on the county system, services three families.”
Magistrates couldn't remember dropping the road either and blamed it on the state but said there was really nothing they could now since it was off the system.
“For the road to be put back on the system it would require all parties living or owning property on the road to agree,” said County Attorney Tom Noe.
The road would also have to meet the county's specific guidelines before it could be added back which County Road Superintendent Paul Lyne said would not pass the way it is now.
Markham said he didn't think the other owners would go for that. He said he has been having problems with his neighbors for some time now and didn't think they would work with him to get the situation settled. He said he just feels the road should have never been dropped off the county system in the first place and now he is land locked which he said is against the law. “I cannot even get my farm machinery down the road,” said Markham adding, “I was hoping the county would help me out.”
County Attorney Tom Noe said the county could not represent Markham against another citizen because the road was not under the county's responsibility.
Noe said that the portion of the road that is on the county system can be enforced and that he would send a letter to the property owners telling them they needed to follow the county road criteria for a 40 foot easement from the center of the roadway. Noe said the county could act as a mediator between all parties to help solve the issue and that he would get with Magistrate Curtis Watkins to work on it.
Markham thanked the court for listening to him and helping to fix the problem.



